New regulations from the Ministry of Science and Technology on quality inspection of goods circulating in the market

The Minister of Science and Technology has issued Circular No. 01/2024/TT-BKHCN, which stipulates state inspection of the quality of goods circulating in the market. This Circular replaces both Circular No. 26/2012/TT-BKHCN (dated December 12, 2012) and Circular No. 12/2017/TT-BKHCN (dated September 28, 2017)—the latter of which amended and supplemented certain articles of the former—regarding the state inspection of the quality of goods circulating in the market.

Accordingly, this Circular sets forth the content, procedures, and organization for conducting state inspections of the quality of goods circulating in the market. It applies to product and goods quality inspection agencies under relevant ministries, sectoral authorities, and local governments, as well as to any agencies, organizations, or individuals engaged in activities related to the quality of products and goods.

The scope of inspection covers goods circulating within the Vietnamese market. Goods intended for national defense or security purposes are excluded from the scope of inspection under this Circular.

Regarding its content, the Circular specifies the requirements for product and goods quality inspections. This includes the examination of product information—specifically, verifying product labels and mandatory accompanying documentation; checking declared standards, conformity marks (such as certification or conformity marks); and verifying product codes, barcodes, and traceability information in accordance with applicable regulations. In addition, inspections shall cover product quality, the conformity of goods with technical regulations and declared standards, product labeling, accompanying documentation, and other aspects related to product quality.

Specifically, if there are indications that goods do not meet quality requirements during an inspection, the head of the inspection team shall decide to collect samples in accordance with applicable regulations. For goods sold via e-commerce, in addition to the inspections stipulated in Clauses 1 and 2 of this Article, the inspection team shall verify the consistency between the information provided on websites or e-commerce platforms and the actual goods being inspected.

Sellers are responsible for complying with the provisions of Article 16 of the Law on Product and Goods Quality. Sellers engaged in e-commerce activities must also adhere to the Government’s Decree No. 52/2013/NĐ-CP dated May 16, 2013, on e-commerce, as well as Decree No. 85/2021/NĐ-CP dated September 25, 2021, which amends and supplements certain articles of Decree No. 52/2013/NĐ-CP. Furthermore, sellers are responsible for the storage and handling of samples as prescribed in Clause 4, Article 8 of this Circular.

Additionally, product and goods quality inspection agencies—under the authority of relevant ministries, sectoral management bodies, or local authorities—as well as other agencies, organizations, and individuals involved in activities related to product and goods quality, are responsible for the implementation of this Circular. The Director General of the Directorate for Standards, Metrology and Quality is responsible for providing guidance on and organizing the implementation of this Circular. Should any difficulties or obstacles arise during implementation, organizations and individuals are requested to promptly report them in writing to the Directorate for Standards, Metrology and Quality, so that the matter may be referred to the Ministry of Science and Technology for consideration and decision.

This Circular takes effect on March 3, 2024.